For those of you who are not experienced with legal cases, you may be wondering what sets Texas family law cases apart from other areas of law.
Having worked with clients across Southeast Texas in courts from Chambers County to Waller County and all points in between, the attorneys with the Law Office of Bryan Fagan, PLLC would like to share their perspective on this question.
One piece of advice I will always give to a potential client is that family law cases are not like contract disputes, personal injury cases, or bankruptcies.
The fact that the subject matter is based on facts and events that you would ordinarily only share with your best friend or your pastor makes the family courts extremely unique. Let’s go over some hallmarks of family law cases and how they cause this area of the law to differ from almost any other.
Family Law and Civil Case Pleadings
In most civil cases (i.e. non-criminal cases) a party must be very specific in their initial filings with the court in order to maintain a case.
The person must lay out the injury or harm suffered in plain terms for the judge. Family law differs in this respect. The initial pleading in a divorce case, the Original Petition for Divorce, is a general document that lists the names of children but otherwise lacks much specificity.
The Final Decree of Divorce concludes any divorce case. This document is extremely specific and addresses the finer points the Original Petition omits, detailing a specific visitation schedule for parents, terms of child support payments, and the division of the marital estate to a great extent.
In-Depth Analysis of Family Life
Family law cases allow a court to have a front-row seat to the innermost workings of your family life. If it is alleged that you are a drug user, you can rest assured that the court is going to order you to take a drug test (or two) during your case.
Usually, in divorces involving parents, the court orders drug tests. Even after completing these tests, the court may require further drug testing after finalizing the divorce. In Texas, each county collaborates with local drug rehabilitation and testing facilities to administer these tests and report the results to the judge.
If a child’s custody is in question, the court may order a social study of your home. A licensed therapist and/or family counselor performs this social study, observing your interactions with your children and those of your spouse.
The purpose of this study is to make a recommendation about where the children should spend more time and which parent is better equipped to care for the child.
Although the judge will listen to his or her own judgment and not base their decision entirely on the social study, the evaluation is important and does weigh heavily on the judge.
Division of Property Into Separate vs. Community
Many people, even those who have not gone through a divorce, understand that Texas is a community property state.
Most property that spouses accumulate during their marriage becomes community property and requires splitting between the parties, either through an agreement or by a judge’s order. The property owned by either party before the marriage, as well as certain property acquired during the marriage like an inheritance, remains the separate property of the husband or wife.
In some cases, either party may hire expert witnesses to determine whether a specific piece of property is separate or community property and to identify the rightful owner. Additionally, understanding the value of specific property is essential, and parties can engage expert witnesses to convey this information to the judge. These witnesses are part accountant and part detective and can be critical pieces of the puzzle for a client and their attorney.
Your Child
The most important part of any family law case is the child. Divorces with no children tend to wrap up long before divorces with children because people are more likely to fight over kids than they are money.
Family law cases need to determine which parent will have the child during the school week, which parent will have weekend visitation with the child (not to mention how frequently), and which parent will pay child support (and in what amount). This is just the tip of the iceberg on the subject.
A judge must not only evaluate the object facts in a family law case but must take it upon themselves to make a determination as to what is in the child’s best interests. That is about as vague and general a standard to make an evaluation by as can be in my opinion.
Nevertheless, judges in family law cases in Texas make determinations all the time using these criteria. Understanding ahead of time that a Court makes rulings based not only on what is in black and white but also on what their perceptions and biases lead them towards is incredibly helpful to a potential family law litigant.
Family Law attorneys serving our client’s interests: The Law Office of Bryan Fagan, PLLC
Judges hear family law cases at the same courthouse as other civil cases in Texas, but it’s important to note that family cases have unique characteristics that distinguish them from other areas of law. Hiring the right attorney is essential to be best prepared for any court appearance.
Fortunately, the family law attorneys with the Law Office of Bryan Fagan, PLLC have worked with attorneys and in courts across the Houston metropolitan area.
In order to learn more about our office and the services we provide please contact us today in order to set up a free-of-charge consultation.
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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
